Legal Experts Across U.S. Urge Senate to Fulfill Its Constitutional Duties

Senate Majority Leader Mitch McConnell's proclamation that Republican senators will block anyone nominated by President Obama to replace Supreme Court Justice Scalia was followed by immediate condemnation from legal experts. Ignoring those objections, McConnell doubled down, making clear that GOP senators would not only vote down an Obama pick but would not even hold hearings or meet with prospective nominees. The American Constitution Society (ACS), one of the nation's leading legal organizations, has been quite clear from the beginning: The GOP's efforts to hinder the judiciary are not only harmful to America--they are disrespectful of basic constitutional precepts.

In the face of unprecedented Senate obstructionism, attorneys, law professors, historians and others dedicated to upholding the Constitution have banded together to set the record straight. Last week, 33 constitutional law scholars organized by ACS wrote an open letter explaining that the president has a constitutional duty to nominate, and the Senate has a constitutional duty to consider in good faith, Supreme Court justices. They said, "There is no exception to this provision for election years" as GOP senators would have the public believe. Noted constitutional law professor and ACS Board member Erwin Chemerinsky elaborated by referencing historical tradition in two recent press calls, saying, "Over the entire course of American history, 24 times presidents have nominated an individual in an election year. And in 21 of 24 instances, the nominee has been confirmed by the Senate."

More...